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What is Section 83(b) Tax Election?

Definition

Section 83(b) Tax Election

Section 83(b) Tax Election is a US tax provision allowing startup founders and early employees to pay capital gains taxes on the fair market value of equity at the time of grant rather than when shares vest over time.

Why It Matters for Startups

Prevents catastrophic tax liabilities by locking in baseline share valuations before company growth.

Detailed Deep Dive

Section 83(b) Tax Election is a US tax provision allowing startup founders and early employees to pay capital gains taxes on the fair market value of equity at the time of grant rather than when shares vest over time.

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Frequently Asked Questions

Q:What is the deadline for filing a Section 83(b) election?

The IRS strictly requires filing the Section 83(b) election form within 30 days of receiving restricted stock or equity grants.

Q:Why is Section 83(b) vital for early startup founders?

If an 83(b) election is not filed and the startup valuation rises significantly over 4 years, vesting shares trigger massive ordinary income tax burdens at vesting without any liquid cash to pay them.

Quick Facts

  • CategoryLegal
  • Key ApplicationStartup founder equity vesting setups, early employee stock options, and long-term capital gains optimization.

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